PZC Packet 082712AVON PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECOMMENDATIONS �V 0 H
CONCERNING THE
FINAL PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION
FOR THE VILLAGE (AT AVON)
The following findings of fact and recommendations are made in accordance with Avon
Municipal Code Section 7.16.060(e)(3):
1. Preliminary PUD Approval. A Preliminary PUD Application was approved by the
Town Council on July 10, 2012. In accordance with AMC Section 7.16.060(e)(3) the
approval of the Preliminary PUD granted the applicant the right to submit a final PUD
development plan.
2. Town Staff Comments. Town Staff provided the Applicant with comments on July 17,
2012. A letter from Eric Heil, Town Attorney, provided additional follow-up comments
on Version 10 of the Amended PUD Guide. Included in Staff's comments was a redline-
strikethrough of the Amended PUD Guide with comprehensive language revisions and
footnoted comments. Additional comments on the Street Standards and Final Plat were
provided on July 20, 2012 by Justin Hildreth, Town Engineer.
3. Application Submitted. A Final PUD Application (the "Application"), consisting of an
Amended Planned Unit Development Guide for the Village (at Avon), Version 14
("Amended PUD Guide"), and accompanying Memorandum, was submitted to the
Community Development Department of the Town of Avon (the "Town") on July 24,
2012 by Kimberly Martin, representing the owners of the Village (at Avon) property (the
"Applicant").
4. Application Forms Submitted. Harvey Robertson submitted the Final PUD Application
(dated July 24, 2012) forms to the Town on July 30, 2012 via e-mail.
5. Notice of Public Hearing. On July 24, 2012, pursuant to §7.16.020(d), a notice of
public hearing was published in The Vail Daily for the August 10, 2012 Planning and
Zoning Commission meeting to review the Traer Creek LLC Village (at Avon) Final
Planned Unit Development application. In addition to the published noticed, mailed
notice was provided by Staff to all property owners within 300' of the Village (at Avon)
property on July 24, 2012.
6. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated July 31,
2012.
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 1 of 8
7. Public Hearing before the Planning and Zoning Commission. On August 7, 2012 the
PZC held a public hearing on the Application. The PZC continued the public hearing for
three (3) additional hearings: August 13, 2012, August 21, 2012, and August 27, 2012.
8. Mandatory Review Criteria. Pursuant to §7.06.060(e)(4), Review Criteria, AMC, the
PZC has considered the following criteria as the basis for a recommendation on the Final
PUD to Town Council:
(1) The PUD addresses a unique situation, confers a substantial benefit to the Town,
and/or incorporates creative site design such that it achieves the purposes of this
Development Code and represents an improvement in quality over what could
have been accomplished through strict application of the otherwise applicable
district or development standards. Such improvements in quality may include, but
are not limited to: improvements in open space provision and access;
environmental protection; tree/vegetation preservation; efficient provision of
streets, roads, and other utilities and services; or increased choice of living and
housing environments.
(2) The PUD rezoning will promote the public health, safety, and general welfare;
(3) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes
of this Development Code, and the eligibility criteria outlined in §7.16.060(b);
(4) Facilities and services (including roads and transportation, water, gas, electric,
police and fire protection, and sewage and waste disposal, as applicable) will be
available to serve the subject property while maintaining adequate levels of
service to existing development;
(5) Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon the natural environment, including air, water,
noise, storm water management, wildlife, and vegetation, or such impacts will be
substantially mitigated;
(6) Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract;
and
(7) Future uses on the subject tract will be compatible in scale with uses or potential
future uses on other properties in the vicinity of the subject tract.
PZC RECOMMENDATIONS:
A. Vested Property Rights. The PZC recommends that Town Council APPROVE a 6 year
extension to vested property rights based on the following specific findings and with the
conditions set forth below:
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 2 of 8
Findings:
(1) The extended vested property rights are included in the settlement term sheet
which were approved by the Town Council;
(2) The extended vested property rights make up for lost development time; and
(3) The extended vested property rights and inclusion of the sunset clauses could
create a benefit to the Town and encourage economic development.
(4) Prior conditions of "Master Developer" provisions have been met by the
Applicant in Section H.l(b) of the Amended and Restated PUD Guide, and as
drafted the Master Developer control over zoning will expire concurrently with
the date of the six (6) year extended vested property rights.
B. Planning Area J. The PZC recommends that Council APPROVE the change of park
land on currently designated Planning Area N south to commercial and other
development uses on proposed Planning Area J
Condition:
(1) The displaced 5.8 acres of park land from N south must be detailed by the
applicant and materially equal to the usability of the current site.
C. OS -5 and OS -6. The PZC recommends that the Council APPROVE the zoning
modifications to OS -5 and OS -6 (now referred to as OS -9 and OS -10 respectively) as
submitted.
D. Hillside Density Increase. The PZC recommends that the Council APPROVE the
modifications to the PUD Master Plan, indicating more developable primary/secondary
"estate" lots in Planning Area K.
Conditions:
(1) No changes to the Primary/Secondary definition.
(2) Primary/Secondary will be limited to Planning Area K and RMF -1 exclusively, as
approved in the Settlement Term Sheet.
E. Dedication of Planning Areas B & C. The PZC recommends that the Council
APPROVE the consolidation of Planning Areas B and C into one planning area. PZC
recommends approval of the allowed uses, special review uses, prohibited uses, and all
proposed development standards for Planning Area B.
Finding:
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 3 of 8
(1) Parking for Planning Area B must be cooperative between this property and
adjoining properties.
F. Hotel Design Standards. PZC recommends that Council APPROVE the Supplemental
Hotel, Motel and Lodge requirements for Planning area J, as amended by the Applicant.
Conditions:
(1) Section a(ii). Reinsert the following language "Indigenous natural or earth tones
such as brown, tan, grey, green, blue, or red in muted, flat colors"
(2) Section d(ii). Replace the word "wall penetration by a window" with
"architectural element."
G. 2011 Design Guidelines. PZC recommends that the Council explore implementing the
2011 VAA Design Guidelines with the applicant by making `Exhibit E' to the PUD
Guide the 2011 VAA Design Guidelines instead of the 1998 Guidelines.
H. Road Access to Planning Area M (Proposed I). The PZC recommends that the Town
Council APPROVE the map depiction of a road across the USFS property to Planning
Area I.
Recommendations:
(1) Bridge over the river to access Planning Area I is first preference.
(2) "Lower" road across USFS property is only recommended access if bridge is not
feasible. The upper road access studied by the applicant is not an option.
I. School Site Dedication. PZC recommends that the Council NOT APPROVE the
proposed split school site. The PZC makes the following recommendations and findings
with respect with the School Site(s):
(1) School site needs to be at least 7.3 acres contiguous to parkland
(2) School site should not be located within 500' of gas utility transmission lines per
best planning practices
(3) Proposed planning area E does not have adequate traffic queuing.
(4) Installation of utilities, infrastructure and improvements should be installed in
residential areas as the trigger prior to the start of development of a school
(5) Town council needs to identify and clarify the trigger for development of the
school site
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 4 of 8
(6) Town council shall have the responsibility of determining the school use of the
proposed school site
(7) The final approved development plan shall either identify a school site complying
with Eagle County School District standards or have language identifying those
standards and complying with the conditions noted above; and,
(8) The spirit of ordinance 06-17 is not being followed (same language as previously
written in preliminary findings)
J. East Beaver Creek Boulevard. The PZC finds that phased construction of the road,
now being referred to as "Main Street," is acceptable and recommend that Council
APPROVE these modifications.
Condition:
(1) Preliminary level engineering will be provided to ensure that the each subdivision
accommodates future phases including roads, pedestrian facilities, drainage and
all utilities.
(2) Pedestrian facilities are constructed with each phase that connects to existing
facilities on Post Blvd and East Avon.
K. Drainage Master Plan. The PZC recommends that Council APPROVE the
inclusion of the Johnson Drainage Plan with the following condition.
Condition:
(1) Any revisions necessary will be made after a thorough review is completed by the
Town.
L. Administrative Subdivision. The PZC finds that the proposed subdivision
regulations in the proposed PUD Guide do not provide for adequate review criteria and
engineering documents for a new development; therefore PZC recommends that the
Council NOT APPROVE the revisions.
Finding:
(1) Exceptions to the subdivision process, particularly the dedication of rights-of-
way, prevent a thorough review and evaluation of the application and public
improvements and that all standards and requirements in the Municipal Code and
PUD are being met.
(2) The limitation on the submittal requirements is not adequate because many of the
plans, specifications and engineering reports would not have to be prepared and
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 5 of 8
submitted for all of the public improvements of the subdivision and the resulting
public improvements may not be designed and constructed to current standards.
(3) The proposed review criteria does not allow for adequate analysis of the
sustainability and adequacy of the proposed subdivision, that the improvements
accommodate future phasing of the development, that the utilities will have the
capacity to serve the development, the owners association is established in
accordance with law, adequacy of the land for the proposed subdivision, and that
the subdivision is in compliance with AMC, Comprehensive Plan, or PUD.
M. DRB Powers. The PZC recommends that Council APPROVE revisions to the VAA
Design Review Board with the following conditions:
(1) The Town has representation on the VAA Design Review Board;
(2) Meeting notices are consistent with Town Design Review Board and PZC
procedures
(3) VAA Design Review Board meeting are open to the public;
(4) Section J.1 O.A of the PUD Guide is removed from the proposed document;
(5) Town oversight and review procedures as stated in Section I.7 of the 1998
Annexation and Development Agreement stay in effect;
(6) The VAA Design Review Board meet at least once a month in a public meeting;
(7) Adequate public notice of the meeting is required;
(8) Town Council clarify the referral process as cited in I.7.(d) of the 1998
annexation agreement;
(9) Town Council clarify the enforcement of the VAA Design Review Board and its
decisions;
(10) All VAA Design Review Board meetings include recording and reporting
processes to the Town;
(11) The proposed design and development of a proposed gateway entrance to the
Town in planning areas J and the remainder of the zoning modifications should be
available for public comment and be publicly noticed; and
(12) The citizens of Avon should be heard on the proposed development, specifically
those citizens directly adjacent to and/or within close proximity to each
development area.
N. Independent Design Review Board for Planning Areas K and RMF -1. The PZC
recommends that Town Council APPROVE an additional VAA Design Review Board
for Planning Area K and RMF -1 as set forth in the PUD Guide.
O. Parkland P1 -P4: The PZC recommends that Town Council APPROVE the parkland
modifications with the following specific findings and with the conditions set forth
below:
Findings:
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 6 of 8
(1) The proposed PUD Amendment provides less parks on the valley floor west of
Post Boulevard than originally approved in the 1998 PUD;
(2) Existing Nottingham Park and Proposed Planning Area B can serve as destination
parks and large parks for the Town;
(3) The proposed PUD Amendment appears to result in a net loss of a half -acre in
total open space/park area;
(4) Further defining the 5.8 acres for A, C, D, and E will help address further
conflicts.
Conditions:
(a) 5.8 acres should be moved from I, J and K to A, C, D, and E;
(b) The definitions of Open Space and Parks need to be clarified and further defined;
(c) The characteristics of parks as outlined in the AMC are not exempt from being
applied to this PUD;
(d) PZC questions the demand for large parks and recommends that linear or pocket
parks are a more attractive option for the valley floor;
(e) PZC accepts changing Planning Area N -south to commercial use;
(f) Trails in -lieu of formally defined parks is recommended for Planning Area K and
is consistent with Wildlife Plans.
P. Review Schedule. Given the accelerated schedule PZC was not afforded sufficient time
to review the breadth of proposed changes. Accordingly, the following list includes some,
but not all, of the items that were not addressed by PZC:
(1) Special Review Use process modifications;
(2) Dedication of Open Space Tracts OS -9 and OS -10;
(3) 135' height for Planning Area A,
(4) Road Access and Standards for Planning Area I;
(5) Increased Hillside Density;
(6) Consolidation and dedication of Planning Area B;
(7) Narrowed E. Beaver Creek Boulevard (now "Main Street");
(8) Administrative Subdivision Process;
(9) Analysis of Planning Areas C, D, F, G, H, I, RMF -1 and RMF -2;
(10) Elimination of Commercial Square footage cap;
(11) Village Residential to Mixed Use and Retail Zoning in valley floor;
(12) List and understanding of Municipal Code exceptions in Exhibit G;
(13) Monument Signage;
(14) Master Developer concept, role, rights, duties, duration and impact on PUD;
(15) Wildlife Protection regulations and revisions; and,
(16) Analysis of Mandatory Review Criteria from §7.16.06(e)(4).
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 7 of 8
Q. Final PUD Recommendation. The PZC is RECOMMENDING to the
Town Council on the Final PUD amendment dated 7/24/12 with the specific findings and
conditions set forth below:
Findings:
(1)
Conditions:
THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY
APPROVED:
BY: DATE:
Chris Green,
Planning and Zoning Commission Chairperson
FINDINGS OF FACT AND RECOMMENDATIONS
TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT
Page 8 of 8